HUMAN RIGHTS AS A COMPASS FOR OPERATIONALIZING THE LOSS AND DAMAGE FUND

This policy brief, submitted by Amnesty International and the Center for International Environmental Law to the UNFCCC, argues that the operationalization of the Loss and Damage Fund must be grounded in international human rights law. The authors advocate for a rights-based approach that prioritizes the most marginalized populations, ensures public participation in governance, and utilizes grants-based funding derived from the 'polluter pays' principle to avoid increasing the debt of developing nations.

• The Loss and Damage Fund should be rooted in human rights principles—including non-discrimination, substantive equality, and inclusion—to protect marginalized groups who are disproportionately affected by climate change. The authors highlight that specific protections are needed for persons with disabilities, women and girls, LGBTQI+ individuals, and those in the informal sector to prevent exclusion from relief.
• Effective remedy for climate-induced loss and damage must include both access to justice and substantive redress. The brief suggests applying a UN typology of redress—restitution, compensation, rehabilitation, satisfaction, and guarantees of non-repetition—to cover a wide spectrum of needs, including non-economic losses like the loss of cultural heritage and life.
• The governance of the fund must ensure procedural rights through transparent reporting and the active participation of affected stakeholders. The authors recommend that the Fund's Board include self-selected active observers from civil society and Indigenous Peoples, and that developing countries, particularly the most vulnerable, constitute the majority of Board members.
• The brief calls for the implementation of rigorous social and environmental safeguards to ensure funding does not cause further human rights violations. These safeguards should include human rights impact analyses, the requirement of Free, Prior and Informed Consent (FPIC) for Indigenous Peoples, and the exclusion of activities leading to forced evictions or involuntary resettlement.
• Funding for the Loss and Damage Fund should be primarily public and grants-based to avoid creating new debt for the Global South, as loans are deemed ill-suited for addressing irreversible losses. The authors argue that funding should be based on the 'polluter pays' principle, with significant contributions from countries with historic responsibility.
• To ensure funding reaches those at the frontlines, the brief advocates for local ownership and direct access modalities for marginalized groups. It suggests moving away from a project-based model toward supporting national and local systems, including the use of human rights-based Loss and Damage Needs Assessments (LDNAs).

APA

Center for International Environmental Law (2023). HUMAN RIGHTS AS A COMPASS FOR OPERATIONALIZING THE LOSS AND DAMAGE FUND. https://www.ciel.org/wp-content/uploads/2023/02/Human-Rights-as-a-Compass-for-Operazionalizing-the-Loss-Damage-Fund_submission-Amnesty-and-CIEL_Feb-2023.pdf

Chicago

Center for International Environmental Law. HUMAN RIGHTS AS A COMPASS FOR OPERATIONALIZING THE LOSS AND DAMAGE FUND. 2023. https://www.ciel.org/wp-content/uploads/2023/02/Human-Rights-as-a-Compass-for-Operazionalizing-the-Loss-Damage-Fund_submission-Amnesty-and-CIEL_Feb-2023.pdf.

Wikipedia

{{cite report |author=Center for International Environmental Law |title=HUMAN RIGHTS AS A COMPASS FOR OPERATIONALIZING THE LOSS AND DAMAGE FUND |date=15 February 2023 |url=https://www.ciel.org/wp-content/uploads/2023/02/Human-Rights-as-a-Compass-for-Operazionalizing-the-Loss-Damage-Fund_submission-Amnesty-and-CIEL_Feb-2023.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centerforinternationalenvironmentallaw2023human, author = {{Center for International Environmental Law}}, title = {{HUMAN RIGHTS AS A COMPASS FOR OPERATIONALIZING THE LOSS AND DAMAGE FUND}}, institution = {Center for International Environmental Law}, year = {2023}, month = feb, url = {https://www.ciel.org/wp-content/uploads/2023/02/Human-Rights-as-a-Compass-for-Operazionalizing-the-Loss-Damage-Fund_submission-Amnesty-and-CIEL_Feb-2023.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }